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State of North Dakota v. Shane Keith Duncan

May 11, 2011

STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
SHANE KEITH DUNCAN,
DEFENDANT AND APPELLANT



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme Court

State v. Duncan,

2011 ND 85

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Crothers, Justice.

State v. Duncan

No. 20100323

[ ¶1] Shane Keith Duncan appeals the district court's judgment entered after a jury convicted him of terrorizing, interference with a telephone during an emergency phone call and simple assault-domestic violence. He argues the judgment should be reversed and an acquittal be entered because of prosecutorial misconduct. We affirm.

I

[ ¶2] Shane Duncan was charged with simple assault-domestic violence for willfully causing bodily injury to his wife Barbara Duncan on February 4, 2010, with terrorizing for threatening Barbara Duncan with a gun on February 6, 2010, and with intentionally interfering with Barbara Duncan's emergency telephone call on February 6, 2010.

[ ΒΆ3] Shane Duncan pled not guilty to the three charges, and a jury trial was held on July 14, 2010. The State called Barbara Duncan to testify. Barbara Duncan testified she is Shane Duncan's wife and has been married to Shane Duncan for almost three years. Barbara Duncan refused to testify about the events occurring on February 6, 2010. The district court instructed Barbara Duncan to answer the questions, but she still refused. The district court informed Barbara Duncan she would be held in contempt of court if she persisted in her refusal to answer questions and could be sent to jail and charged with a ...


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